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All ▸ Bar 2024 ▸ CIVIL LAW ▸ I. EFFECT AND APPLICATION OF LAWS ▸ M. Conflict of Laws (Civil Code, arts. 15-18) ▸ 2. Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption ▸ d. Lex Loci Celebrationis

Question

Choice of Law: Doctrine of Renvoi and Doctrine of Processual Presumption

Mr. Reyes, a Filipino citizen, wishes to marry Ms. Lee, a Korean citizen, in the Philippines. However, he is uncertain as to which law governs their marriage. In the process of determining the applicable law, the Doctrine of Renvoi and the Doctrine of Processual Presumption come into consideration.

  1. Explain the Doctrine of Renvoi and its application in conflict of laws cases.
  2. Discuss the Doctrine of Processual Presumption and how it affects the determination of the applicable law.
  3. Apply the Doctrine of Renvoi and the Doctrine of Processual Presumption to the scenario given and determine the law governing Mr. Reyes and Ms. Lee's marriage.


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Bar Review Question: Choice of Law: Doctrine of Renvoi and Doctrine of Processual Presumption Mr. Reyes, a Filipino cit